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Public Order Offences - Coggle Diagram

- - - - Unlawful Assembly
        S11 Public Order Act 1986 not complied with.
- - - - Public or a private place, however it isn’t an offence if it occurs in a dwelling and the other person is in the same or another dwelling.
        
        insulting should be given its ordinary meaning and so, for example whilst interrupting play at Wimbledon affronted spectators it didn’t necessarily insult them (Brutus v Cozens (1972).
  - - - It’s a defence for the accused to prove he was inside a dwelling and no reason to believe it would be heard or seen by anyone outside of the dwelling or that is conduct was reasonable.
        
        Dehal v CPS
        D entered a Sikh Temple and placed on the notice board a statement in Punjabi, describing the President of the Temple, as a liar, a hypocrite and a proud mad do. D was arrested and charged under s.4A. The High Court considered the relationship between s.4A and Art 10 and whether in this situation prosecution was a proportionate response and whether A10 provided D with a defence. It was held that the prosecution was a disproportionate response in this case i.e. to prevent public disorder or protection of rights of others. His appeal was allowed.
  - - - Defence if D had no reason to believe that there was any person within sight who was likely to be caused harassment, alarm or distress or his conduct was reasonable.
        
        Harvey v DPP
        Harvey, was stopped by police outside of a block of flats on suspicion of possessing cannabis. One attempted to search him and he objected saying, “Fuck this man, I ain’t been smoking nothing”. He was told that if he continued to swear he would be arrested for a section 5 offence. He was searched and, when nothing was found, said, “Told you, you won’t find fuck all”. He was warned again about swearing. Finally, when he was asked if he had a middle name, replied, “No, I’ve already fucking told you so”. He was arrested and charged with a section 5 offence. At trial, no evidence was given that any of the officers had been harassed, alarmed or distressed by the appellant’s words; nor was any evidence given that anyone else had been. Nevertheless, H was convicted on the basis that the defendant used the words in a public area in the middle of a block of flats and that there were people nearby. On appeal his conviction was quashed as the second element of the offence had not been established.
        
        Hammond v DPP
        John Hammond a preacher displayed a sign to passers-by which read - “Stop Immorality; Stop Homosexuality; Stop Lesbianism”. Some people found the sign insulting and annoying. He was prosecuted and convicted under section 5. The court found the sign was not abusive or threatening but could be considered insulting. On appeal the court found the words could be insulting as they related to sexuality and upheld the conviction despite the fact that the sign was not expressed in “intemperate language”.
- - - - Trespass to land is usually dealt with by damages and/or an injunction but if the person breaches the injunction then this can be a crime.
        
        In theory even the slightest crossing of the claimant’s land is enough to amount to trespass e.g. placing a hand or foot on or over it (Ellis v Loftus Iron).
        
        Civil trespass includes removing any part of the land or building or other erection attached to the land. Dumping rubbish can also be classed as civil trespass.
        
        It isn’t trespass though if the person is allowed to enter by law e.g. police, emergency services etc, has an easement on the land etc.
      - Removing Trespassers from land
        
        s.61 Criminal Justice & Public Order Act 1994 - Police can direct trespassers on land to leave if they have have the common purpose of remaining there and the occupier of the land has already taken steps to ask them to leave - where they have:
        
        damaged the land
        
        used threatening abusive or insulting behaviour to the occupier, their family, employees or agents
        
        between them they have 6 or more vehicles on the land
        
        Failure to comply or returning within 3 months is an offence - the police can seize the vehicles of anyone who fails to comply (s.62).
        
        Aggravated Trespass
        
        s.68(1) CJPOA 1994 - when a person trespasses on land and they do something that they intend to have the effect of intimidating those who are or are about to engage in a lawful activity on the land (includes a building) or to obstruct or disrupt that activity.
        
        Includes any protests on land or in a building (DPP v Chivers).
        
        If intimidating acts take place, by even only a small percentage of the group, all of the protestors can be asked to leave - It was used in relation to the UK Uncut protest in Fortnum & Mason (Edward Bauer v DPP (2013).
        
        DPP v Chivers (2010)
        
        C locked himself to a satair railing, another protestor occupied a stairwell and another glued himself to the front of the door of the building.
        
        As land includes a building all 3 were correctly charged with aggravated trespass.
        
        Trespassory Assemblies
        
        s.70 CJPOA 1994 which inserted s.14 A + B into the Public Order Act 1986.
        
        Chief officer of police reasonably believes that an assembly will be held on land to which the public has no or only a limited right to access and the assembly is likely to take place without the permission of the occupier and that it may result in serious disruption to the life of the community or damage to a site of historical archaeological or scientific importance s/he can apply for an order prohibiting the holding of all trespassory assemblies for up to 4 days.
        
        Anyone who organises one, takes part in one or incites others to do so will be guilty of an offence. it is also an offence to fail to comply with a direction not to proceed with a trespassory assembly.
        
        Raves
        
        s.63 CJPOA 1994
        
        Police can ask those gathering on land for a rave to leave, failure to comply or returning within 7 days is an offence.
        
        Rave = gathering of 20 + - open air where amplified music is played during the night - due to loudness and duration is likely to cause serious distress to local people.
        
        Squatting
        
        s.144 LASPO 2012
        
        D must enter as a trespasser, know or ought to know he is a trespasser and must be living in the building or intend to live there for any period.
        
        Using violence to enter premises (squatting)
        = s.6 Criminal Law Act 1977 - it is an offence to use or threaten violence to secure entry into premises knowing that there is someone present who is opposed to the entry. This section doesn’t apply to those trying to get rid of a trespasser from their property.
        = s.7 CLA 1977 - it is an offence for any person on premises as a trespasser to fail to leave those premises on being asked to do so by or on behalf of a displaced residential occupier or a intending occupier.
        
        Damage by trespassers: Criminal Damage Act 1971 - any damage done by a trespasser whilst trespassing is an offence contrary to the CDA 1971 It is also possible to use an Anti-Social Behaviour Order to curb trespassers particularly children.